Last month, a district judge ordered the FDA to make the emergency contraception pill available to women of all ages and without a prescription within 30 days. Currently, the government enforces age restrictions on nonprescription sales of the morning-after pill to girls who are 16 years old or younger. Reproductive rights advocates have long petitioned the FDA to strike down the restrictions, saying there is no scientific proof that girls younger than 17 couldn’t safely use the drug without supervision.

Facing the 30-day deadline, the FDA yesterday filed an appeal with the 2nd Circuit. The Department of Justice also asked the district court for a temporary injunction on the order while the appeal is pending.